Islamic law and legal systems

• CFU 8
• Prerequisiti

  A basic knowledge of classical Islamic law and institutions of the Muslim Societies is required.

• Obiettivi formativi

  The course aims to offer the study and analysis of the legal institution of the Shari'a and different applications of Islamic law and its principal legal institutions within the contemporary modern Muslim countries. The purpose is the acquisition of critical skills in the assessment of the major reforms of the legal contemporary Islamic world and the analogies and differences existing between the legal systems of Muslim countries.

• Programma del corso

  The course is structured in two articulating parts.
  The first part covers the historical foundations of Islam, the Sunni schools of legal thoughts and the methodological aspects of Islamic law: (20 h)
  - Shari'a and its sources of law (usul al-fiqh): definition and interpretation of shari‘a and fiqh; the sources of law (Koran, Sunna, igma‘; qiyas; custom or ‘urf ).
  - Umma (believers’ community): Umma, the Caliphate. Relationships with not-muslim (dhimma and ahl al-kitab).
  - Furu al-fiqh (matters of law): ritual acts; personal status law (family, marriage contract, divorce, parenthood, succession); contracts law, criminal law.
  
  The second part covers the study and analysis of the different applications of Islamic law and its principal legal institutions within the contemporary modern Muslim countries. A special topic will be focused on the "Arab Spring" and the legal consequences in Libya, Tunisia and Egypt.
  - Legal transplants and foreign legal models reception;
  - Notion of Legal Acculturation and Legal Pluralism;
  - Formation of the modern Muslim National States and dialectic between shari'a and qanun;
  - The codification process and the National States: the models of codification: Ottoman, North African, Egyptian.
  - The main legal reforms of Islamic Countries. Reforms of Law of Personal Status.
  - A focus on the "Arab Spring" and the legal consquneces in Libya, Tunisia and Egypt.
  

• Testi (A)dottati, (C)onsigliati
  • 1.  (A) Joseph Schacht Introduction to Islamic law Clarendon press 1982
• Altre informazioni / materiali aggiuntivi

  Reading list of selected papers supporting to the required text will be indicated and uploaded on the personal web page during the course.

• Metodi didattici
  • lezione frontale
• Modalità di valutazione
  • scritto
  • verifica intermedia

MATERIALI DIDATTICI